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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
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Exigency — Community Caretaker Entry of Residence, Suicide Prevention — “Protective Sweep”
State v. Walter Horngren, 2000 WI App 177, 238 Wis.2d 347, 617 N.W.2d 508 For Horngren: James M. Weber Issue/Holding1: ¶10 Horngren contends that the police entry, in response to a suicide threat, was made pursuant to WIS. STAT. § 51.15, “Emergency detention.” Therefore, he argues that the entry occurred while the officers were “engaging […]
§ 943.10, Burglary – Sufficiency of Evidence – Fingerprint Evidence
State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753 For Scott: Joseph E. Redding Issue: Whether the evidence was sufficient to support conviction for burglary/theft. Holding: Evidence that defendant’s fingerprint was found on the “dock station” from which a lap-top was stolen from an office that sold only […]
§ 943.10(1)(a), Burglary – Entry to Commit Felony (Bail Jumping, § 946.49(1)(b))
State v. Jerome G. Semrau, 2000 WI App 54, 233 Wis. 2d 508, 608 N.W.2d 376 For Semrau: John D. Lubarsky, SPD, Madison Appellate Issue: Whether the commission of felony bail jumping, by entering the complainant’s home in violation of bond conditions, supports burglary-entry of dwelling with intent to commit felony. Holding: The underlying felony […]
§ 943.38, Forgery – Endorsement with Fictitious Name as Commercially Acceptable Practice
State v. Scot A. Czarnecki, 2000 WI App 155, 237 Wis.2d 794, 615 N.W.2d 672 For Czarnecki: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether use of an assumed name in endorsing a check may subject the endorser to forgery charge. Holding: ¶7 In further support of his challenge to the sufficiency of the evidence, […]
§ 946.49, Bail Jumping — Condition Restricting Contact with Individual
State v. Peter J. Schaab, 2000 WI App 204, 238 Wis. 2d 598, 617 N.W.2d 872 For Schaab: Michael G. Artery Issue: Whether the evidence supported bindover on bail jumping, where the allegedly violated bond condition allowed Schaab to have “incidental contact at work” with an individual, and Schaab was seen talking to the individual at […]
Arrest — Probable Cause — Citizen-Informant — Connection Between Defendant and Deceased
State v. Joel L. Ritchie, 2000 WI App 136, 237 Wis.2d 664, 614 N.W.2d 837 For Ritchie: Stephen G. Bauer Holding: Various informants were sufficiently reliable to support probable cause: though they weren’t expressly identified as citizen informants, they wree not suspects but, rather, “were ordinary persons who answered questions and provided information in response to […]
Arrest — Search Incident to Arrest — “Protective Sweep” of Residence
State v. Antonion Blanco, Nora M. Al-Shammari, 2000 WI App 119, 237 Wis.2d 395, 614 N.W.2d 512 For Blanco: Michael P. Jakus Issue: Whether the police were justified, under “protective sweep” rationale, to search a crawl space in a bathroom ceiling. Holding: Though narrowly confined to cursory inspection of places where a person might be hiding […]
Arrest — Search Incident to Arrest — Automobile Passenger’s Property Incident to Arrest of Driver
State v. Robert J. Pallone, 2000 WI 77, 236 Wis. 2d 162, 613 N.W.2d 568, affirming State v. Pallone, 228 Wis. 2d 272, 596 N.W.2d 882 For Pallone: Steven J. Watson Issue: Whether the search of a vehicle passenger’s duffel bag, following the driver’s arrest for the forfeiture offense of having open intoxicants, was proper. Holding: The search […]
Arrest — Search Incident to Arrest — Warrantless Blood Test
State v. John C. Thorstad, 2000 WI App 199, 238 Wis. 2d 666, 618 N.W.2d 240 For Thorstad: Ralph A. Kalal Issue: Whether the warrantless blood draw complied with State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993). Holding: The four-part Bohling test — lawful arrest; reasonable suspicion that draw will show intoxication; method of drawing blood […]
Arrest — Warrant, Based on Criminal Complaint — Standard of Review
State v. Joel L. Ritchie, 2000 WI App 136, 237 Wis.2d 664, 614 N.W.2d 837 For Ritchie: Steven G. Bauer Issue: What is the standard of review for an arrest warrant based on a criminal complaint? Holding: Although review of probable cause to support a complaint is independent, review of probable cause to support an arrest […]
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.